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June 24, 2005
Pataki Approves WTC Disability For Responders
Bolsters Pensions For Ailments Caused By Rescue,
Clean-Up
By Ginger Adams Otis
Governor Pataki June 15 signed into law a bill that permits city
and state workers involved in the world Trade Center rescue, recovery
or clean-up operations to qualify for disability pensions.
Surrounded by union officials and public employees in front of
the Sphere sculpture that was pulled from the wreckage of Ground
Zero and installed near the entrance to Battery Park, the Governor
said the legislation did the right thing by those who worked to
get New York back to normal following the Sept. 11 attacks.
‘They Answered the Call’
“This new law recognizes their tremendous efforts during
that time of crisis, and will ensure that they receive appropriate
compensation for any disabilities they may have suffered as a result
of their involvement,” he said, “New Yorkers will never
forget the tragic events of that day, nor will we forget those who
answered the call to duty without hesitation.”
The legislation, which had failed to move twice before because
of Mayor Bloomberg’s objection to its potential cost, stipulates
that public employees who incur certain physical injuries or diseases
as a result of their work at Ground Zero, the Fresh Kills landfill
or the City Morgue are eligible for a tax-free disability pension
equal to 75 percent of their salary.
Ailments covered by the law include cancer, respiratory illness
and certain skin conditions.
Peter D. Meringolo, who as chair of the Public Employee Conference
lobbied on behalf of more than 50 public-sector unions, had spent
the previous day shepherding the latest version of the bill –
and a few chapter amendments – through the State Legislature
and onto the Governor’s desk.
‘A Monumental Day’
“I was there in Albany when Mr. Pataki signed the bill around
10:30 last night, and I got up at 4:30 a.m. to drive down here to
witness the public signing ceremony. It’s not a happy day,
because you can never think of 9/11 without tremendous sorrow in
your heart,” said Mr. Meringolo. “But this is a monumental
day. It’s been a long road, but it shows how everyone working
together can bring something to fruition which will benefit those
who sacrificed so much.”
The week preceding Governor Pataki’s decision to sign the
bill was filled with last minute tweaking that had Mr. Meringolo,
along with co-sponsors Senator Martin Golden and Assemblyman Peter
J. Abbate, Jr., on tenterhooks until all parties signed off on the
amendments.
The final version of the bill creates a September 11 Workers Protection
Task Force that’s charged with obtaining statistical and qualitative
data from the state and city Departments of the Health and other
sources on the prevalence of sickness and disabilities among WTC
workers. It will also assess the nature, scope and magnitude of
health problems caused by exposure to air and other elements, examine
existing laws related to disability coverage for workers, and identify
Federal sources of funding to provide the benefits conferred by
the bill. The 10-member panel will be comprised of city and state
officials.
Eligibility Standards
The law also mandates that workers must have logged 40 hours at
any of the approved sites to be eligible, although a caveat was
added to excuse workers who were injured during the first response
to the World Trade Center and couldn’t accrue 40 hours, but
would deserve a disability pension if a related health problem occurred
later in life.
Absent from the proceedings was Mayor Bloomberg. Union leaders
and some members of the Legislature have openly questioned his financial
concerns, saying that projections by Chief City Actuary Robert C.
North were greatly exaggerated.
Supporters of the 9/11 disability measure expressed disappointment
and frustration at the Mayor’s attempts to block its passage
over the past three years. Union leaders are particularly bitter
about the Mayors’ role in fast-tracking Federal money into
an insurance fund that protects employees in four major construction
companies while doing little for public workers.
‘Try Talking, Mayor’
Peter L. Gorman, president of the Uniformed Fire Officers’
Association, said he couldn’t understand the Mayor’s
attitude.
“This wasn’t arrived at overnight, and it involved
a lot of talking and negotiating between labor and the Governor,”
he said. “But that’s what crafting legislation is about.
Mr. Mayor, enter the process.”
Among those present to witness the bill-signing were Senator Golden
and Assemblyman Abbate, Uniformed Firefighters’ Association
President Stephen J. Cassidy, and Patrolmen’s Benevolent Association
President Patrick Lynch, who said his group has always been supportive
of the legislation even though it withdrew from the Public Employee
conference two years ago.
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